Last Updated: May 10, 2021
Table of Contents
We do not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register for our Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any Personal Information to us or on the Services. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email protected].
What Information Does Company Collect?
- Information You Provide to Us
We receive and store any information you knowingly provide to us. For example, we collect Personal Information, including but not limited to, your name, title, company, email address, phone number, address, location, and browser information. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may anonymize your Personal Information so that you cannot be individually identified and provide that information to our partners.
If you have provided us with a means of contacting you, we may use such means to communicate with you. For example, we may send you promotional offers on behalf of other businesses or communicate with you about your use of the Services. Also, we may receive a confirmation when you open a message from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive marketing communications from us, please indicate your preference by using the unsubscribe mechanism provided by the communication. Please note, however, that you will continue to receive legal notices and other important account information after you unsubscribe from our marketing list.
- Information Collected Automatically
Will Company Share Any of the Personal Information It Receives?
We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we do share your Personal Information with third parties as described in Section 2 and in this Section:
- Affiliated Businesses and Third Party Websites We Do Not Control
In certain situations, businesses or third-party websites we are affiliated with may market or advertise products or services to you through the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such promotional activities because they will be identified in the related marketing and advertising materials. We will share your Personal Information with that affiliated business only to the extent that it is related to such promotional activities. For example, we may partner with an affiliated business to produce a white paper. The affiliated business will be identified in the white paper. If you elect to download the white paper through the Service, we will share the information you provide in connection with downloading the white paper with the affiliated business that helped us prepare the white paper. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
- Business Transfers
We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
- Protection of Company and Others
We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of the Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
- With Your Consent
Except as set forth above, you will be notified when your Personal Information may be shared with third parties in a personally identifiable form and will be able to prevent the sharing of this information.
Is Personal Information About Me Secure?
We endeavor to protect the privacy of your Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
What Personal Information Can I Access?
Our Services give you access to a broad range of information (including Personal Information) about your account and your interactions with the Service for the purpose of viewing and, in certain cases, updating or deleting that information. The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at [email protected].
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; to submit such a request, please contact us at [email protected].
What Choices Do I Have?
You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.
You may request deletion of your information by emailing us at [email protected]. Please note that some information may remain in our records, for example, in our archives, after you request deletion of such information. We may use any aggregated data derived from or incorporate your Personal Information after you update or delete it, but not in a manner that would identify you personally.
General Data Protection Regulation (GDPR)
If you are in the European Union (“EU”), Lichtenstein, Norway, or Iceland ( collectively the “EEA”), or in the United Kingdom (“UK”), you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) and applicable data protection law in the UK with respect to your Personal Data, as outlined below.
As used in this section, “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with your data, such as collection, use, storage, and disclosure.
Who Is the Data Controller?
Company is the controller of your Personal Data processed in connection with the Services. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of Services to customers, in which case we are the processor of Personal Data. If you are an end user or employee of one of our customers and would no longer like to be contacted by one of our customers that use our Services or you would like to access, correct, request deletion, or exercise other rights with respect to your data, please contact the customer that you interact with directly.
What Personal Data Do We Collect From You?
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
- First and last name
- Company name
- Email address
- Mailing address
- Telephone number
- Account Code (can include email addresses)
- Credit card and credit card CVV
- Transaction and Billing Data
Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:1
- Account information for third party services: If you interact with a third-party service when using our Services, such as if you use a third-party service to log in to our Services (e.g., Facebook Connect or Twitter OAuth), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third-party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:
- IP address
- Device identifiers
- Web browser information
- Page view statistics
- Browsing history
- Usage information
- Transaction information (e.g., transaction amount, date and time such transaction occurred)
- Location information (e.g., IP address, zip code)
- Log data (e.g., access times, hardware and software information)
How Do We Use Your Personal Data? We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
- Create and manage user profiles
- Communicate with you about the Services
- Process orders
- Contact you about Service announcements, updates, or offers
- Provide support and assistance for the Services
- Personalize website content and communications based on your preferences
- Respond to user inquiries
- Fulfill user requests
- Comply with our legal or contractual obligations
- Resolve disputes
- Protect against or deter fraudulent, illegal, or harmful actions
- Enforce our Terms of Service
We process your Personal Data with your consent to enable us to perform our contract with you and for our “legitimate interests” or the legitimate interest of others, as further described below.
- Contractual Necessity: We process the following categories of Personal Data to perform our obligations under our Terms of Service with you, enabling us to provide you with the Services. If you do not provide us with Personal Data that we need to perform our contract with you, you will not be able to use some or all portions of the Services that require such data.
- First and last name
- Email address
- Mailing address
- Credit card and credit card CVV
- Transaction and Billing Data
- Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
- First and last name
- Email address
- Mailing address
- IP Address
- Examples of these legitimate interests include:
- Operation and improvement of our business, products, and services – for example, we analyze the way you interact with the Website (such as the links you click on and the pages you visit) to improve the design and layout of the Website
- Marketing of our products and services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- We will not use your Personal Data for activities where the impact on you overrides our interests unless we have your consent or those activities are otherwise required or permitted by law. Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
- Payment processors
- Fraud prevention service providers
- Ad networks
- Analytics service providers
- Marketing service providers
- Staff augmentation and contract personnel
- Hosting service providers
- Co-location service providers
- Telecommunications service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
- Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
- Social media services (if you interact with them through your use of the Services)
- Third-party business partners who you access through the Services
- Other authorized parties
We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).
We also share Personal Data when we believe it is necessary to:
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
- Protect us, our business, or our users, for example, to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
- Maintain the security of our products and services
Furthermore, if we choose to buy or sell assets, Personal Data is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, Personal Data would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt-out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Afterward, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, we use encryption and tokenization to keep your Personal data secure.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights or to submit a request, please email [email protected]. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is manifestly unfounded or excessive, if it jeopardizes the rights of others, or if it is not required by law. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. 2
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
- Erasure: You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about the Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Company and its service providers, and laws in the U.S. may be less stringent than or otherwise different from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers. Transfers of your Personal Data to Company to the United States are necessary to perform the agreement we have entered into, or are about to enter into, with you. Before July 16, 2020, we relied on our EU-U.S. Privacy Shield certification to transfer Personal Data that we receive from the EU and the UK to Company in the U.S. On July 16, 2020, the European Court of Justice ruled that the EU-U.S. Privacy Shield is no longer available for these data transfers. Before September 8, 2020, we relied on our Swiss-U.S. Privacy Shield certification to transfer Personal Data that we received from Switzerland to the U.S., but on September 8, 2020, the Swiss Federal Data Protection and Information Commissioner determined that the Swiss-U.S. Privacy Shield is no longer available for these data transfers. We continue to comply with the Privacy Shield Principles described under the “Privacy Shield” section below as required by the U.S. Department of Commerce. Avnovo’s DPA has already been updated to include standard contractual clauses, so customers can continue to transfer data to Avnovo in compliance with the GDPR.
Company is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). As explained above, we sometimes provide Personal Information to third parties to perform services on our behalf. If we transfer Personal Information received under the Privacy Shield to a third party, the third party’s access, use, and disclosure of the Personal Information must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage.
Please contact us at [email protected] with any questions or concerns relating to our Privacy Shield Certification. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
What If You Have Questions Regarding Your Personal Data? If you have any questions about this section or our data practices generally, please contact us using the following information:
Avnovo Compliance Team contact information:
Data Protection Officer contact information:
California Privacy Rights
To the extent provided for by law and subject to applicable exceptions, California residents have the following privacy rights in relation to the Personal Information we collect:
- The right to know: you have the right to know what Personal Information we have collected and how we have used and disclosed that Personal Information;
- The right to access: you have the right to access the specific pieces of Personal Information Company has collected about you;
- The right to delete: you have the right to request deletion of your Personal Information;
- The right to opt-out: you have the right to instruct businesses that sell Personal Information to stop doing so – Company, however, does not sell Personal Information.
- The right to non-discrimination: you have the right to be free from discrimination relating to the exercise of any of your privacy rights.
Exercising Your Rights: California residents can exercise the above privacy rights or request to receive this notice in a different format by emailing us at: [email protected].
Verification: in order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.
Authorized Agents: you may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.
1 If applicable, indicate whether it came from publicly accessible sources. Art. 14(2)(f); where the personal data are not collected from the data subject, any available information as to their source.
2 The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form (Art. 15(3)). The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedom of others (Art. 15(4))
3 Controllers outside of the EU must establish a designated EU representative as an alternative contact available to EU data subjects. (Art. 27). The identity and contact information of the representative should be published here. (Art. 13(1)(a)).
4 The GDPR requires a company to retain a DPO only when its “core activities” involve “large-scale,” “regular and systematic monitoring” of EU subjects (Art. 37). Although this definition is unclear, it has been interpreted to apply to companies with “loyalty” and similar programs. In any case, because Member States may independently require a DPO for other circumstances (Art. 37(4)), companies with a broad EU presence may want to retain a DPO to ensure compliance across the board. If a DPO is required, its contact information should be disclosed here. (Art. 13(1)(b)).